(Per : HONOURABLE MR.JUSTICE D.H.WAGHELA) The application is made for condoning delay of 196 days in preferring Letters Patent Appeal, which is preferred from order dated 25.7.2011 of learned Single Judge whereby the petition of the appellant challenging award of the labour Court was dismissed. Admittedly, the labour Court whose award was challenged before learned Single Judge was not made a party and the petition was ex facie entertained and decided in exercise of extraordinary jurisdiction of the High Court under Article 227 of the Constitution. It was, therefore, clear that as laid down recently by Division Bench of this Court [Coram: S.J.Mukhopadhaya, CJ (as His Lordship then was) and J.B.Pardiwala, J.] in Gustadji Dhanjisha Buhariwala and Another v. Nevil Bhamansha Buhariwala and Others [2011 (2) GLH 147], Letters Patent Appeal of the applicant would not be maintainable. Therefore, when the appeal is not maintainable, the application made therein for condonation of delay or any other purpose is not required to be entertained. Accordingly, it is dismissed.
(D.H.Waghela, J.) (Mohinder Pal, J.) *malek Top